It was only settled by the US Supreme Court, which effectively gave the presidency to George W. Bush in a contentious 5-4 vote. That would leave a lower federal or state court ruling in place, with no definitive judgment from the Supreme Court and no real chance of a gracious concession from either candidate. If an initial recount didn't settle things, a lawsuit could follow, with appeals possible all the way to the Supreme Court. A Supreme Court appeal also would raise another delicate question. But at Supreme Court level, Ginsberg would have to rule herself out.
Source: New Zealand Herald November 05, 2016 01:33 UTC